In Wooddale Builders, Inc. v. Maryland Casualty Co., No. A04-1442, 2006 WL 2828672 (Minn. Oct. 5, 2006), the Minnesota Supreme Court ruled that, under the pro-rata-by-time-on-the-risk liability allocation method, the insurers on the risk are the “insurers that provided insurance coverage between the closing date on the sale of the property and the date on which the insured received notice of claim, and all insurers on the risk are deemed to be on the risk for the entire period of each triggered policy.”

Homeowners filed claims against Wooddale Builders for defective construction and faulty workmanship due to water intrusion damage to stucco homes. Wooddale constructed the homes from 1991 to 1999. Five insurers provided occurrence-based CGL coverage during that period and until 2002.